CHAPTER 1.25. Off-Highway Motor Vehicle Recreation [5090.01. - 5090.65.]
Chapter 1.25 added by Stats. 1982, Ch. 994, Sec. 11.
§§ 5090.01–5090.65 · 42 sections
ARTICLE 1. General Provisions §§ 5090.01–5090.14.1 · 15 sections
- § 5090.01 This chapter shall be known and may be cited as the Off-Highway Motor Vehicle Recreation Act of 2003.
- § 5090.02 (a) The Legislature finds all of the following: (1) Off-highway motor vehicles are enjoying an ever-increasing popularity in California. (2) Off-highway…
- § 5090.03 Unless the context otherwise requires, the definitions in this article govern the construction of this chapter.
- § 5090.04 “Commission” means the Off-Highway Motor Vehicle Recreation Commission.
- § 5090.05 “Division” means the Division of Off-Highway Motor Vehicle Recreation of the Department of Parks and Recreation.
- § 5090.06 “Fund” means the Off-Highway Vehicle Trust Fund created by subdivision (c) of Section 38225 of the Vehicle Code.
- § 5090.07 “Off-highway motor vehicle” means an off-highway motor vehicle as defined in Section 38006 of the Vehicle Code.
- § 5090.08 “Program” means the Off-Highway Motor Vehicle Recreation Program.
- § 5090.09 “System” means the state vehicular recreation areas, the California Statewide Motorized Trail, areas and trails within the state park system, and areas…
- § 5090.10 “Conservation” and “conserve” mean activities, practices, and programs that protect and sustain soils, plants, wildlife, habitats, and cultural resources in…
- § 5090.11 “Restoration” and “restore” mean, upon closure of the unit or any portion thereof, the restoration of land to the contours, the plant communities, and the…
- § 5090.12 “Grant program” means the local assistance grant program and the cooperative agreement program.
- § 5090.13 “Monitoring program” means a program adopted by the department that provides periodic evaluations of the condition of resources and informs adaptive management…
- § 5090.14 “Adaptive management” means to use the results of information gathered through a monitoring program or scientific research to adjust management strategies and…
- § 5090.14.1 “State vehicular recreation area” means a unit of the state park system established pursuant to Section 5090.43.
ARTICLE 2. Off-Highway Motor Vehicle Recreation Commission §§ 5090.15–5090.24 · 9 sections
- § 5090.15 (a) There is in the department the Off-Highway Motor Vehicle Recreation Commission, consisting of nine members, five of whom shall be appointed by the Governor…
- § 5090.16 In making appointments to the commission, the Governor, Senate Committee on Rules, and Speaker of the Assembly shall consider the places of residence of the…
- § 5090.17 (a) The terms of the members of the commission shall be four years. (b) Appointments to the commission shall comply with the qualifications for membership…
- § 5090.18 In case of any vacancy in the membership of the commission, the appointing authority of the vacating member shall appoint a successor member for the unexpired…
- § 5090.19 The members of the commission shall elect a chairperson from their number who shall serve as chairperson for one year and until his or her successor is elected.
- § 5090.20 The director is the secretary of the commission.
- § 5090.21 Members of the commission may receive a salary for their services in an amount of fifty dollars ($50) for each day, up to a maximum salary of one hundred…
- § 5090.22 The chairperson of the commission may appoint committees composed of members of the commission and prescribe the jurisdiction of each.
- § 5090.24 The commission has the following duties and responsibilities: (a) Be fully informed regarding all governmental activities affecting the program. (b) Meet at…
ARTICLE 3. Division of Off-Highway Motor Vehicle Recreation §§ 5090.30–5090.39 · 9 sections
- § 5090.30 There is in the department the Division of Off-Highway Motor Vehicle Recreation. Whenever any reference is made to the Office of Off-Highway Motor Vehicle…
- § 5090.31 The division shall be under the direction of a deputy director appointed by the director.
- § 5090.32 The division has the following duties and responsibilities: (a) Planning, acquisition, development, conservation, and restoration of lands in the state…
- § 5090.34 (a) In cooperation with the commission, the division shall make available on the division’s Internet Web site information regarding off-highway motor vehicle…
- § 5090.35 (a) The protection of public safety, the appropriate utilization of lands, and the conservation of natural and cultural resources are of the highest priority…
- § 5090.36 The division may enter into contracts with concessionaires and grants or cooperative agreements with other public agencies, pursuant to laws and procedures…
- § 5090.37 Eminent domain shall not be exercised to acquire any interest in property for a state vehicular recreation area, the California Statewide Motorized Trail, or…
- § 5090.38 No owner or other person having legal control of property in the vicinity of any lands in the system is liable for any actions of any type resulting from, or…
- § 5090.39 (a) The department shall require that: (1) Any soil conservation standard, wildlife habitat protection plan, or monitoring program, required by this chapter,…
ARTICLE 4. State Vehicular Recreation Areas §§ 5090.41–5090.43 · 3 sections
- § 5090.41 The following lands within the Hollister Hills State Vehicular Area shall be managed, as follows: (a) The division shall designate and set aside 280 acres for…
- § 5090.42 (a) For purposes of this section, “land” means the land known as the “Alameda-Tesla Expansion Area,” which encompasses approximately 3,100 acres in the County…
- § 5090.43 (a) State vehicular recreation areas consist of areas selected, developed, and operated to provide off-highway vehicle recreation opportunities. State…
ARTICLE 4.5. California Statewide Motorized Trail § 5090.44 · 1 section
- § 5090.44 The division shall assist in the designation of corridors for a California Statewide Motorized Trail. The California Statewide Motorized Trail shall consist of…
ARTICLE 5. Local Assistance Grants, Grants to Nonprofit Organizations and Educational Institutions, and Cooperative Agreements with Federal Agencies §§ 5090.50–5090.53 · 2 sections
- § 5090.50 (a) The division shall develop and implement a grant and cooperative agreement program to support the planning, acquisition, development, maintenance,…
- § 5090.53 No funds may be granted or expended pursuant to Section 5090.50, unless all of the following conditions are met: (a) If the project involves a ground…
ARTICLE 6. Fiscal Management §§ 5090.60–5090.65 · 3 sections
- § 5090.60 The fund consists of deposits from the following sources: (a) Revenues transferred from the Motor Vehicle Fuel Account in the Transportation Tax Fund. (b) Fees…
- § 5090.61 Moneys in the fund shall be available, upon appropriation by the Legislature, as follows: (a) An amount, not to exceed 50 percent of the annual revenues to the…
- § 5090.65 Money in the fund shall be used to pay for the repair of any boundary fence that segregates off-highway vehicle use from adjoining landowners and is adjacent…